Legal Question in Wills and Trusts in California
verbal will
My recently deceased uncle had no will. His only real valuable property was a vehicle, which he promised to me, his nephew. He also told three other relatives and possibly some friends of the promise. He has three adult children, whom live out of state. Do I have an legal right to claim the vehicle he promised to me? As of right now, the estate is not in probate.
3 Answers from Attorneys
Re: verbal will
No.
Re: verbal will
Wills must be in writing; if that was not required, everyone could claim they were entitled to the deceased's property. In some cases, the person might be able to show a promise to do something, detrimental reliance that the promising person is aware of, and a reasonable belief the action would be carried out, and so might be able to argue an oral contract to do something, but that is not your case.
Talk to the people who would have inherited the car and see if they will allow you to get it.
Re: verbal will
No. A verbal will has no validity. The car will go to his heirs at law. His adult children and his spouse if she is alive.
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